NY Times: Montana Court to Rule on Assisted Suicide Case (NDY Quoted)

Tomorrow (Sept. 2, 2009) the Montana Supreme Court will hear oral arguments in the Montana Attorney General’s challenge of a lower court ruling that defined assisted suicide as a “right.”

Today’s edition of the New York Times contains a fairly good account of the stakes – and stakeholders – in the current legal battle in Montana. Kudos to reporter Kirk Johnson for going beyond the “usual suspects” and giving a richer picture of the players and arguments in play against legalization of assisted suicide:

Some people speaking out about the case, like Bob Liston, are also expressing sentiments that one might not expect.

Mr. Liston, 54, a research associate at the University of Montana who has spent most of the last 40 years in a wheelchair because of an auto accident, has been a passionate advocate for the disabled in arguing for autonomy and respect.

But this time he is arguing just as passionately on the other side, contending that aid in dying could backfire on people with debilitating conditions, leading not to more autonomy, but less. Mr. Liston, an organizer for a national disability-rights group called Not Dead Yet, said he envisioned people like himself being nudged toward life-ending choices by their doctors or families, out of compassion or perhaps convenience.

“People with disabilities don’t get to live with dignity, let alone die with dignity,” he said.

Other opponents of a “right to die well,” as some are calling the argument made by Mr. Baxter and the group of physicians who joined him as plaintiffs, say that rural Montanans could be left out, too.

In places like Scobey, in the state’s far northeast corner, where Julie French lives, the population density is about one person per square mile. Minimal health care is hours away.

“Before we deal with assisted suicide, we should make sure first and foremost that everybody has equal access,” said Ms. French, a Democratic state legislator who opposes an expansion of death rights. “It is not simply whether everyone has a right to choose; it’s whether they are given all the choices.”

More news as it develops over the coming days, weeks and months…

Robert Schindler, Father of Terri Schiavo, Has Passed Away

Most of our regular readers will know this already from other sources – I’ve been busy with other issues that have kept me offline for a couple of weeks.

Last week, Robert Schindler passed away at the age of 71.

Our thoughts are with the Schindler family and we are all saddened by their loss.

Here is the statement issued by Bobby Schindler, including instructions for sending your support and condolences:

Statement from Bobby Schindler Regarding the Death of
His Father, Robert Schindler

For Immediate Release
August 29, 2009

Media Contact:
Chris Tatum
(615) 275-6161
chris@anewpr.com

Statement from Bobby Schindler Regarding the Death of
His Father, Robert Schindler

I am heartbroken over the loss of my father and yet I know at this moment he is rejoicing with my sister, Terri. My dad was a man of integrity, character and compassion who was blessed with a close and loving family. He taught all three of his children to respect and value life and to love our fellow man.

Even at the height of the battle to save my sister Terri’s life, when his patience and temperance was near exhaustion, he managed to display a gentleness of spirit. Yet it was his unfathomable strength that allowed him to shoulder up his own heartache and lead us through our darkest hour.

What greater legacy could a man leave behind?

—————————–

A Mass of Christian burial with visitation preceding will be scheduled to take place in Philadelphia, PA. Times and location will be announced at a later date.

In lieu of flowers, memorials may be made to the Terri Schindler Schiavo Foundation, 5562 Central Avenue, Suite 2, Saint Petersburg, FL 33707, phone 727-490-7603.

NY Times Quotes Diane Coleman – but without context

Today, the New York Times published a long story on hospice and palliative care, and how doctors struggle with balancing the transition from active treatment to palliative care in the final stages of terminal illnesses. Some of it is worked within the context of the current “debate” around advance directives in the health care reform debate.

Here’s an excerpt from “At the End, Offering Not a Cure, But Comfort“:

Most doctors do not excel at delivering bad news, decades of studies show, if only because it goes against their training to save lives, not end them. But Dr. O’Mahony, who works at Montefiore Medical Center in the Bronx, belongs to a class of doctors, known as palliative care specialists, who have made death their life’s work. They study how to deliver bad news, and they do it again and again. They know secrets like who, as a rule, takes it better. They know who is more likely to suffer silently, and when is the best time to suggest a do-not-resuscitate order.

Palliative care has become a recognized subspecialty, with fellowships, hospital departments and medical school courses aimed at managing patients’ last months. It has also become a focus of attacks on plans to overhaul the nation’s medical system, with false but persistent rumors that the government will set up “death panels” to decide who deserves treatment. Many physicians dismiss these complaints as an absurd caricature of what palliative medicine is all about.

Still, as an aging population wrangles with how to gracefully face the certainty of death, the moral and economic questions presented by palliative care are unavoidable: How much do we want, and need, to know about the inevitable? Is the withholding of heroic treatment a blessing, a rationing of medical care or a step toward euthanasia?

Facing the end stages of a terminal illness is the focus of this very long article. And it comes as something of a non sequitur when NDY president Diane Coleman is quoted toward the end of the article:

In the political wars over end-of-life care, advocacy groups for the disabled are often as adamant as religious groups in challenging measures that could be seen as hastening death. “Health care providers encounter people at a time of crisis; they see the worst happening,” said Diane Coleman, the founder of an advocacy group for the disabled, Not Dead Yet. “They don’t see them get through it and say, ‘Even with my functional losses, I’m still having a good time.’ ”

In the wrenching context of imminently dying, Coleman’s statements come across as irrelevant at best.

So what happened?

Diane Coleman was interviewed by this reporter for 45 minutes. And the context of that longer conversation covered much broader ground. For example, they discussed “futility” policies. They also discussed how advance directives can apply when someone is critically injured – and whether they live or die depends on the choices made and the treatments given or withheld. They discussed Peter Singer’s essay on “rationing” – in which he suggested that people with significant disabilities could be legitimately be denied health care based on their disability status – an essay which was published in the NY Times Magazine. (Singer and his essay aren’t mentioned in the article)

The end result of using this particular quote – accurate in the context of the conversation with the reporter – is that Coleman and NDY come off as being confused and off-the-mark.

That’s a risk whenever you do an interview that will be edited – for print or broadcast media.

It would be interesting to know if the decontextualized quoting was the work of the reporter – or if it was her editor’s pen at work.

After all, even if they didn’t mention Singer’s essay on rationing, they’re well aware of NDY’s role in enlisting disability advocates to denounce the piece – and the editorial choices that led to its publication. –Stephen Drake

Australia: Christian Rossiter wins the only “right” that society is willing to grant him

There were a number of developments over the past week or two that will need to be highlighted here. I am still catching up.

In a case of déjà vu (we’ve had similar cases in the U.S.), a man with quadriplegia has won the “right” to starve himself in Australia.

I was looking for the right source material to summarize the situation, and found what I was looking for when reading the blog Turner & Kowalski – it’s relatively new but is written by some folks I’ve encountered elsewhere in the blogosphere. Here’s an excerpt from the description of the blog:

We’re a bunch of disgruntled autistic self-advocates, who have been blogging under various guises on different blogs for some years now.

Disgruntled, because there’s so much rampant hatred and bigotry towards autistics.

They’re serious – I’ve seen the harassment some of them have received.

In one of their latests posts, the authors of the blog featured a series of links under “Freak Week.”

That’s where I found the article – the blog entry – about this latest “victory” for the “right to die.” Hoyden about Town‘s Lauredhel writes says everything we need to know about Christian Rossiter’s right-to-die:

I’ve been trying and trying for many days to write about the Christian Rossiter “right to die” case, and I just haven’t managed more than an incoherent wargle. A chat with rb has convinced me that that’s better than nothing, so here it is.

If you haven’t been following along, that’s probably because all of this has been happening in Western Australia. Christian Rossiter is a forty-something year old bloke who used to climb rocks and cycle and do all sorts of physically active stuff. He now has a high spinal injury, and can no longer do those things.

So what have we, as a society, done for him? Set him up with communication devices such as a internet-enabled computer he can operate (he has talked about not being able to turn the pages of a newspaper)? Offered him opportunities for social inclusion, to the fullest extent that he can manage it? Equipped his home and supplied home nursing care so that he could live in his community and retain his social context? Provided any sort of life enrichment whatsoever?

No. We shoved him in a nursing room, in front of a television set. Oh, but it’s cable, so that’s alright, eh? We did all we could!

Now he wants to die. He’s been fighting for his right to refuse nutrition, because he can’t handle being shoved in a bed in a nursing home with nothing but Foxtel for company. Today, he won that right.

Everyone’s talking about this being a “good outcome”, a “win”. Apart from the folks who say that it’s not that great, because hey, we should be knocking him off quicker. They’re all talking about how obviously they would choose euthanasia too, if they couldn’t walk or eat or blow their nose. Because such a life could never be worth living. Because such a person is valueless.

All I can come up with is gurgles of rage and horror.

I have not yet seen ONE PERSON question his treatment, question the way we as a society have failed him – NOT in our lack of provision of a way to quickly bow out, but in our COMPLETE failure to support him in finding out whether maybe, just maybe his life could be worth living.

In my mind, she’s nailed the issues around so many of these situations completely. No one cares about why an old, ill or disabled person wants to die. Might be too much bother and expense to find out what they really want or need.

Please read the entire post – and leave a comment. –Stephen Drake

RELEASE: Disability Community Denounces Rationing Argument in NYT

(Originally Posted on Justice For All Blog on 8/14/09 – and sent to media outlets)

August 14, 2009

Disability Community Denounces Rationing Argument in NYT

Not Dead Yet Logo From Not Dead Yet (8/14/09):

FOR IMMEDIATE RELEASE

Media contact: Stephen Drake, Research Analyst, Not Dead Yet

Not Dead Yet and Coalition Denounce

New York Times Magazine Article

Coalition Sends Letter to NYT Magazine Asking for Dialogue on Disability Issues

WASHINGTON, DC – August 14, 2009 – Not Dead Yet, along with more than 40 other disability organizations, including the American Association of People with Disabilities (AAPD), has signed on to a letter to New York Times Magazine Editor Gerald Marzorati denouncing a July 15 article by ethicist Peter Singer. Singer’s article argued for rationing health care by denying treatments to people with disabilities based on the assumption that our lives have less value than the lives of nondisabled people.

“For The New York Times Magazine to publish an article calling for health care rationing that would discriminate against people with disabilities one week before the anniversary of the Americans with Disabilities Act shows how out of touch the leadership at The New York Times Magazine is,” said Not Dead Yet President Diane Coleman. “Peter Singer is a sloppy ethicist who should not be given a forum by a publication as credible as The New York Times. His piece, published at a key time in the health care debate, gives fodder to critics whose goal is to kill any reform by raising the specter of government supported euthanasia.”

The letter, written by Stephen Drake, Research Analyst for Not Dead Yet, states:

“…This is Peter Singer’s most direct assault on the value of the lives of people with physical disabilities past the age of infancy that we have read. His policy proposals allowing for the killing of newborns with disabilities and people with significant cognitive disabilities are already well known.

While this is a bolder assault than we have seen from Professor Singer in the past, it’s hardly surprising. What’s surprising and deeply disturbing is that the NY Times editorial staff have sought him out as a writer on more than one occasion…”

The coalition has requested the following of The New York Times Magazine:

1. The NY Times staff needs to define and clarify its understanding of disability as a basic human rights issue.

2. If the current stance of the NY Times is that the lives of people with disabilities are, in fact, a drain on health care sources, it should be stated on record.

3. Discuss training in the basics of covering disability in news stories – beyond the “human interest” and “medical” angles.

4. Cover the difference between “analysis” and “appealing to bigotry” in public policy discussions.

To read the letter in its entirety, visit http://notdeadyetnewscommentary.blogspot.com. For more information about AAPD’s views on the Peter Singer piece in The New York Times, please visit www.aapd.com.

Not Dead Yet, 497 State St.,

Rochester, NY 14608

Phone: 585-697-1640; Fax: 585-697-1641; Email: sndrake@aol.com

http://notdeadyet.org